Mogalakwena Health has launched urgent proceedings in the High Court. This follows after a newly built R165 million private hospital in Mokopane was prevented from opening. The company has cited Health Minister Aaron Motsoaledi, acting National Health Department director-general Nicholas Crisp and Limpopo health authorities as respondents. Its application was filed in the Gauteng High Court in Pretoria. Mogalakwena Health…
Tag: certificate of need
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Certificate of Need Ruling Forces Health Licensing Rethink
South Africa’s Certificate of Need Ruling has reset the policy debate on where health professionals may practise. On Monday, 18 May 2026, the Constitutional Court confirmed that provisions allowing the state to control where doctors and nurses work are unconstitutional. The court ordered that the provisions be removed from the legislation. The legal challenge was brought by Solidarity, the Alliance…
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Certificate Of Need Ruling: ConCourt Strikes Down DoH Powers
South Africa’s certificate of need ruling has landed a major setback for government plans to direct where health services can operate. The Constitutional Court has declared the “certificate of need” provisions in the National Health Act unconstitutional. The decision ends a long legal fight that has run for more than two decades. The unanimous ruling confirms a 2024 Pretoria High…
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‘Certificate of Need’ Faces Constitutional Court Battle
The future of where doctors can practise and where hospitals can be built in South Africa hangs in the balance. The Constitutional Court is considering the validity of the controversial “Certificate of Need” (CoN) provisions within the National Health Act. The top court heard arguments on Tuesday regarding a law that could force medical professionals to work in underserved rural…
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High Court ruling on certificate of need not linked to NHI
Last week, the Pretoria High Court overturned the certificate of need requirement that controls where doctors work and healthcare facilities are set up. Health Minister Aaron Motsoaledi clarified that this judgment is unrelated to the National Health Insurance (NHI) scheme. The certificate of need was part of the National Health Act, introduced 20 years before the NHI Act. The court…
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Doctors celebrate ruling on ‘unconstitutional legislation’
Doctors are celebrating the Pretoria High Court’s decision on Wednesday, declaring the legislation allowing the government to dictate where health professionals can practice unconstitutional. This victory comes from the efforts of Solidarity, the Alliance of South African Independent Practitioners Associations, the South African Private Practitioner Forum, and the Hospital Association of SA. The ruling is a significant setback for the…